Free PDF The Trial of Jesus from a Lawyer's Standpoint, Vol. I (of II) - The Hebrew Trial, by Walter M. Chandler

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The Trial of Jesus from a Lawyer's Standpoint, Vol. I (of II) - The Hebrew Trial, by Walter M. Chandler

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On April 6th, 30 AD, around 11 pm, Jesus and eleven of His Apostles leave the Last Supper, probably celebrated in the home of John-Mark, and go to the Garden of Gethsemane. Around midnight, Jesus is arrested in Gethsemane by a band of Temple officers and Roman soldiers guided by Judas. Jesus is taken to Annas and then sent to Caiaphas. A private preliminary examination was conducted of Jesus before one of these dignitaries. About 2 am, Jesus is arraigned before the Sanhedrin, convened in the palace of Caiaphas. He is tried and condemned on the charge of blasphemy against Jehovah. After a temporary adjournment, the Sanhedrin reassembles to retry Jesus at daybreak on April 7th. Jesus is then led before Pontius Pilate in the palace of Herod. After a brief trial on the high charge of treason against Caesar, Jesus was acquitted by Pilate who says, "I find no fault at all." But instead of releasing the prisoner, Pilate, intimidated by the crowd, sends Jesus to King Herod. He mocks and brutalizes Jesus, then sends Him back to Pilate. Pilate assembles the priests and elders, announces that Herod found no fault with Jesus, and offers to scourge Him before releasing Him. The Jews reject this offer and demand that Jesus be crucified. Pilate, after much vacillation, yields to their demands and orders Jesus be crucified.This Volume 1 examines the Hebrew trial. Volume 2 examines the Roman trial.The Great Sanhedrin during the time of Jesus was established at Jerusalem between 170 and 106 BC. Its seventy-one members were divided into three chambers: the chamber of priests, chamber of scribes, and chamber of elders. Matthew refers to these when he identifies the tribunal that passed judgment on Jesus (Matthew 16:21).POINT 1: THE ARREST OF JESUS WAS ILLEGALThe arrest took place at night, in violation of Hebrew law. Deference to this law was made in the later arrest of Peter and John. "And they laid hands on them and put them in jail until the next day, for it was already evening" (Acts 4:3). That Jesus was arrested at night is evident because those arrested Him "came there with lanterns and torches and weapons" (John 18:3).The arrest was effected through the agency of a traitor and informer (Judas Iscariot), in violation of the Mosaic Code and of a Rabbinic rule. Had Judas not betrayed Christ, He would not have been arrested in the dead of night where the public could not see it, for "Judas knew the place [Gethsemane], for Jesus had often met there with His disciples" (John 18:2). Every day Jesus had preached in the Temple, affording every opportunity for a legal arrest. Judas violated Leviticus 19:16-18. "You are not to act against the life of your neighbor. You shall not hate your fellow countryman in your heart. You shall not take vengeance, nor bear any grudge against the sons of your people. You shall love your neighbor as yourself."The arrest was not the result of a legal mandate from a court whose intentions were to conduct a legal trial for the purpose of reaching a righteous judgment. This arrest had no idea of apprehending a citizen in order to try him upon a charge which after sincere and regular judgment might be found just or unfounded. The intention was to simply seize a man and do away with Him.POINT 2: THE PRIVATE EXAMINATION OF JESUS BEFORE ANNAS OR CAIAPHAS WAS ILLEGALThe examination was conducted at night in violation of Hebrew law. All proceedings at night in capital cases were forbidden.No judge or magistrate, sitting alone, could interrogate an accused judicially or sit in judgment upon his legal rights. The lowest Hebrew court consisted of three judges (the Court of Three). The next highest was the Minor Sanhedrin of twenty-three members. The supreme tribunal was the Great Sanhedrin of seventy-one members. There was no such thing as a court with one judge. The Pirke Aboth says, "Be not a sole judge, for there is no sole judge but One." The accused deserved a public hearing which multiple judges provided.Private preliminary examinations of accused persons were not allowed by Hebrew law. This was to protect the accused from making statements that could later be used against Him. The Gospel writer John alone records the private interrogation of Jesus (John 18:13,19-24). Annas was no longer high priest but was still widely respected and may have still been referred to as high priest. Caiaphas his son-in-law was the acting high priest. Whoever did the examination, it was unlawful because it was private. "The high priest then questioned Jesus about His disciples, and about His teaching. Jesus' answer was in contrast to this private interrogation. "I have spoken openly to the world. I always taught in synagogues and in the temple, where all the Jews come together; and I spoke nothing in secret. Why do you question Me? Question those who have heard what I spoke to them; they know what I said." Then one of the officers standing nearby struck Jesus, saying, "Is that the way you answer the high priest?" Jesus answered him, "If I have spoken wrongly, testify to the wrong, but if rightly, why do you strike Me?" Jesus' answers were the equivalent of saying, Why do you demand that I incriminate Myself in this private interrogation which our law forbids? Why not call witnesses as the law requires? If I am an evil-doer, bear witness of the evil with witnesses.POINT 3: THE INDICTMENT AGAINST JESUS WAS ILLEGALThe accusation at the trial was twofold, vague, and indefinite, which Mosaic law forbade.The accusation was made in part by Caiaphas the high priest who was one of the judges of Jesus. Hebrew law forbade any one but leading witnesses to present the charge. The Sanhedrin did not and could not originate charges. It only investigated those brought before it. The only prosecutors known to Talmudic criminal jurisprudence are the witnesses to the crime. Their duty is to bring the matter to the cognizance of the court, a public assembly, and bear witness against the criminal. Each one's evidence had to agree with the other's. In capital cases, they are the legal executioners also.Two charges were made against Jesus. The charge of sedition, His attempt to destroy the Jewish temple, and the charge of blasphemy. When questioned about the first charge, Jesus' answer brought about the second charge of blasphemy, and the charge of sedition was abandoned. "...many false witnesses came forward. But later on two came forward, and said, 'This Man stated, "I am able to destroy the temple of God and to rebuild it in three days." The high priest stood up and said to Him, Do You not answer? What is it that these men are testifying against You?" But Jesus kept silent. And the high priest said to Him, 'I adjure You by the living God, that You tell us whether You are the Christ, the Son of God.' Jesus said to him, 'You have said it yourself; nevertheless I tell you, hereafter you will see the Son of Man sitting at the right hand of Power, and coming on the clouds of heaven.' Then the high priest tore his robes and said, 'He has blasphemed! What further need do we have of witnesses? Behold, you have now heard the blasphemy; what do you think?' They answered, 'He deserves death!' Then they spit in His face and beat Him with their fists; [Luke 22:64 says they blindfolded Him] others slapped Him, and said, 'Prophesy to us, You Christ; who is the one who hit You?'" (Matthew 26: 60-68)As to charge of saying He will destroy the temple, the witnesses failed to understand that Jesus was speaking allegorically of His body as a temple (John 2:21), and that He would rise on the third day after His body was destroyed. The witnesses misrepresented what Jesus had actually said. He did not say, "I will destroy this temple," but rather, "Destroy this temple, and in three days I will raise it up" (John 2:19). Also, no two witnesses could agree on the details of this charge. "Not even in this respect was their testimony consistent" (Mark 14:59).As for blasphemy, what did Jesus say that made the high priest say He had blasphemed? To blaspheme meant one of two things: either someone had cursed God (Leviticus 24:15,16), or someone had put himself in the place of God. The law commanded the Jews to follow Jehovah alone, the only true God (Deuteronomy 13: 1-5; 18:20). Certainly Jesus did not curse God at all. But when Caiaphas asked Jesus, "tell us whether You are the Christ, the Son of God," and Jesus answered, "You have said it yourself," Jesus was claiming equality with God, arrogating to Himself power and authority that belonged to God alone.Jesus had been accused of blasphemy before, when He forgave the paralytic's sins (Luke 5:20). "Who is this Man who speaks blasphemies? Who can forgive sins, but God alone?" Then in John 5:18, "For this reason the Jews were seeking all the more to kill Him, because He...was calling God His own Father, making Himself equal with God." Later, Jesus said, "Before Abraham was born, I am" (John 8:58). The Jews therefore took up stones to throw at Him. When Jesus said in John 10:30 "I and the Father are One," the Jews picked up stones to stone Him, "for blasphemy, and because You, being a Man, make Yourself out to be God." If Jesus was only a man, then He was guilty of blasphemy, making Himself equal with God or claiming to do only what God could do. But if He was God AND man, then His claims were true.Therefore, the indictment against Jesus for blasphemy was illegally presented because it was made by Caiaphas the high priest, acting as a judge. Only witnesses could bring accusations and criminal charges, and Caiaphas was a judge, not a witness.POINT 4: THE PROCEEDINGS OF THE SANHEDRIN AGAINST JESUS WERE ILLEGAL BECAUSE THEY WERE CONDUCTED AT NIGHTAccording to Hebrew law, criminal cases could be acted upon in the day time only. Jesus was arraigned before the Sanhedrin in the palace of Caiaphas between 2 am and 3 am. Why? It was intentional. "Then the chief priests and the elders of the people were gathered together in the court of the high priest, named Caiaphas; and they plotted together to seize Jesus by stealth and kill Him. But they were saying, 'Not during the festival [Passover], otherwise a riot might occur among the people'" (Matthew 26:3-5). The arrival of Judas from the scene of the Last Supper with a proposition to betray Christ was a glad surprise to Caiaphas and his friends. Immediate and decisive action was necessary. The arrest, trial, and execution of Jesus must be accomplished quickly and secretly. They knew that a daytime trial with the friends of Jesus as witnesses would result in an acquittal.POINT 5: THE PROCEEDINGS OF THE SANHEDRIN AGAINST JESUS WERE ILLEGAL BECAUSE THE COURT CONVENED BEFORE THE OFFERING OF THE MORNING SACRIFICEThe Sanhedrin never began trying cases until the morning sacrifice was over. This was offered between daybreak and sunrise and lasted about an hour. The Sanhedrin had convened between 2 am and 3 am before the sacrifice. They did meet again in the morning, but only to confirm what they had already decided earlier.POINT 6: THE PROCEEDINGS AGAINST JESUS WERE ILLEGAL BECAUSE THEY WERE CONDUCTED ON THE DAY PRECEDING A JEWISH SABBATH; ALSO ON THE FIRST DAY OF THE FEAST OF UNLEAVENED BREAD AND THE EVE OF THE PASSOVERNo court in Israel was permitted to hold sessions on the Sabbath or any of the seven Biblical holy days. In capital crimes, no trial could be commenced on a Friday or the day previous to any holy day, because it was not lawful to adjourn such cases longer than over night, nor to continue them on the Sabbath or holy day. The Jewish day of 24 hours began at sunset and ended with the next sunset. Jesus was tried on the 14th Nisan (Jewish calendar) which began at sunset April 6th, 30 AD and lasted until sunset April 7th. This was a single Jewish day, during which Jesus was arrested, tried and executed.POINT 7: THE TRIAL OF JESUS WAS ILLEGAL BECAUSE IT WAS CONCLUDED WITHIN ONE DAYA criminal case resulting in the acquittal of the accused may terminate the same day on which the trial began. But if a death sentence is to be pronounced, it cannot be concluded before the following day. Hebrew law used care, precaution, and delay in capital cases because of their supreme regard for human life. Before condemnation could be decreed, a night had to intervene, during which the judges could sleep, fast, meditate, and pray. At the close of the first day's trial, they walked home, arm in arm, discussing the merits of the case. They called upon each other again at sunset to review the evidence. Then they went home to meditate. They avoided eating heavy food or drinking wine, anything that would interfere with correct thinking. The following day they returned to the judgment hall and retried the case, looking for any errors in the first trial. It was not until the afternoon of this second day that a final decree could be made.POINT 8: THE SENTENCE OF CONDEMNATION PRONOUNCED AGAINST JESUS BY THE SANHEDRIN WAS ILLEGAL BECAUSE IT WAS FOUNDED UPON UNCORROBORATED CONFESSIONHebrew law prohibited any man from incriminating himself. Even a voluntary confession was not admitted as evidence unless it could be attested by two witnesses. At first, Jesus was accused of the crime of sedition (trying to destroy the temple) but "not even in this respect was their testimony consistent" (Mark 14:59). So this charge could not be corroborated. The second charge of blasphemy was made, not lawfully by witnesses, but by Caiaphas, who unlawfully attempted to get Jesus to incriminate Himself by asking Him, "Are You the Christ, the Son of the Blessed One?" (Mark 14:61). This question was illegal because it uses Jesus' statement as the basis for His conviction. Jesus' voluntary confession "I am [the Christ]" became the basis for His death sentence, not the testimony of at least two witnesses, which was required by law. But no witnesses could be found to corroborate that they had heard Jesus proclaim Himself as the Messiah. Outside of His disciples (Matthew 16:16,17) and the woman at Samaria (John 4:25,26), this was the first time Jesus ever declared His Messiahship. He had charged His disciples to tell no one (Matthew 16:20). He even didn't permit the demons He cast out to speak because "they knew who He was" (Mark 1:34).POINT 9: THE CONDEMNATION OF JESUS WAS ILLEGAL BECAUSE THE VERDICT OF THE SANHEDRIN WAS UNANIMOUSTo Anglo-Saxons, where a unanimous jury is necessary to convict, this law appears strange. In the Jewish mind though, a unanimous verdict to convict appeared to be mob violence. It meant that the accused had no friend or defender in court to object to a guilty verdict. The element of mercy, which was required in every Hebrew verdict, was absent. A conviction under Hebrew law could occur only with a majority of at least two. A majority of one would acquit, so a majority of at least two was required for a conviction. So for example, if everyone was in attendance for Great Sanhedrin of 71 members (70 members plus a judge), a vote of 37 was required for conviction. A vote of 36 would acquit.Jesus' verdict was illegal because the vote of the Sanhedrin was unanimous. "They ALL condemned Him to be deserving of death" (Mark 14:64). The word "all" does not necessarily mean that Nicodemus and Joseph of Arimathea, friends of Jesus, were present. It means "all who were present" voted unanimously against Jesus. Nicodemus had defended Jesus at a previous Sanhedrin meeting (John 7:51). Joseph of Arimathea had "not consented to their plan and action" (Luke 23:51).POINT 10: THE PROCEEDINGS AGAINST JESUS WERE ILLEGAL BECAUSE THE SENTENCE OF CONDEMNATION WAS PRONOUNCED IN A PLACE FORBIDDEN BY LAW, THE HIGH PRIEST TORE HIS CLOTHES, AND THE BALLOTING WAS IRREGULARIn capital trials, the Great Sanhedrin was required to meet in an apartment of the National Temple at Jerusalem, known as the Hall of Hewn Stones (Lishkhath haggazith). Outside of this hall no capital trial could meet nor pronounce a capital sentence, but only from "the place which the Lord your God chooses" (Deuteronomy 17:8). The Rabbis argued that the place which the Lord chose was an apartment of the Great Temple. But Jesus was tried and condemned not in the Hall of Hewn Stones, but in the palace of Caiaphas, probably on Mount Zion.When Caiaphas tore his robes, he violated the Mosaic Law in Leviticus 21:10, "The priest who is highest among his brothers...shall not tear his clothes." An ordinary Israelite, when bereaved, could tear his garments, but the high priest was forbidden because his vestments, being made after the express orders of God, were figurative of his office. However, the Talmudic Law did permit torn garments when the priest was horrified by blasphemous language. Some contend that it was unlawful for the Talmud to allow something that Moses did not. Nevertheless, it was unlawful for a high priest to tear his garments on a Sabbath or holy day. Jesus was condemned on both days.The Sanhedrin voted in order of the youngest judges first, then the older judges. This was to prevent the younger judges from being unduly influenced by their more experienced colleagues. Two scribes were present to record the votes and to note the reasons for their votes. The next day, this record would be used to compare the arguments used on the first and second days. Judges who voted for acquittal on the first day could not change their votes on the second day. Those who had voted for conviction on the first day could change their votes the second day, noting their new reasoning. This shows how essential the voting records as kept by the scribes were for the second day of the trial.However, the Sanhedrin did not vote in this order for Jesus. Caiaphas said, "'He has blasphemed!...What do you think?' They all answered, 'He deserves death!'" (Matthew 26:65,66) They all voted at once to condemn Jesus.POINT 11: THE MEMBERS OF THE GREAT SANHEDRIN WERE LEGALLY DISQUALIFIED TO TRY JESUSOriginally, Sanhedrin members were learned, moral, modest, pious, strong, and above all, friendly in their attitude toward the accused. During the time of Christ they had become self-serving, degenerate, and corrupt. Some had purchased their Sanhedrin commissions from the Romans. The Sanhedrin members who sentenced Jesus had, months before, already prejudged Him as guilty and deserving of death, before a trial and without any accusations from witnesses. Six months prior to the crucifixion, the Sanhedrin met three times to discuss ways to put Jesus to death: September 29 AD (John 7), February 30 AD (John 11:46-53), and April (Luke 22:1,2) "The chief priests and scribes were seeking how they might put Jesus to death."For three years Jesus had exposed their hypocrisy and called them "sons of hell" (Matthew 23:15) and told them that "the tax collectors and prostitutes will get into the kingdom of God before you" (Matthew 21:31) and that they are "the sons of those who murdered the prophets" (Matthew 23:31). The Sanhedrin members were so corrupt that they "kept trying to obtain false testimony against Jesus, so that they might put Him to death" (Matthew 26:59). This was against the Mosaic law. "If the witness is a false witness...then you shall do to him just as he intended to do to his brother" (Deuteronomy 19:18-20).POINT 12: THE CONDEMNATION OF JESUS WAS ILLEGAL BECAUSE THE MERITS OF THE DEFENSE WERE NOT CONSIDERED"You shall investigate and search out and inquire thoroughly" (Deuteronomy 13:14). The primary objective of the Hebrew judicial system was to render the conviction of an innocent person impossible. However, no witnesses were sought in Christ's defense.Suppose Caiaphas had been just and fair. He would tell Jesus that His life was at stake, and now would be the time that Jesus should prove His Messiahship. The Jewish scriptures and friends of Jesus would be consulted to see if Jesus did indeed fulfill the prophecies of the coming Messiah.

Before reading this book i was trying to find ways to reconcile my secular life with various leadership responsibilities in church. This book spoke to me then. I believe it still speaks to me clearly. I have recommended it many times to attorneys and non-attorneys as an honest attempt to wrestle with how any human legal system is ultimately incapable of "dealing with", "judging", "totally supporting or denying" Jesus of Nazareth in his historical context or in our contemporary world. In short, Jesus said that his kingdom is not of this world.

This happens to be a book I have had in my kindle app for over a year, and I finally started reading it while enjoying some of the down time during the men’s weekend. This is definitely a book that would make an excellent read during the Spring Holy Days or the time approaching Passover, given its thematic material in looking closely at the trial of Jesus and its legal foundation. Although it took me a while to get started in reading this book, it did not take me a long time to appreciate it once I got started in reading it, and it is definitely a book that I will keep in my collection to re-read and to use as the source of commentary and future writing and research. I will also, as soon as possible, be reading the second volume from this author, which is definitely worthwhile if it is anything like this volume.The organization of this book is very straightforward and orderly, just as one would expect from an accomplished lawyer with a precise prose style that manages to give a lot of praise to previous authors while also showing some substantial criticism where criticism is due. The author makes it clear that he is a Christian, and also (thankfully) does not insist on seeing the Trinity in places of the Bible where a duality is meant, which is a lamentably rare quality among mainstream Christian authors. As far as its contents go, this book is divided into three sections of unequal length. The first, and shortest section, looks at the passages of the Bible that form the basis of what we can know about the trial of Jesus, since the Gospels are really the only sources that deal with the trial in any kind of detail. The author then seeks to show the legitimacy of the Gospels as a historical source as well as their worth as textual evidence in a trial. The author then turns to the Jewish law, both the Mosaic law and the Talmud, to see what kind of laws were in place regarding the content of crimes, their punishment, as well as the required forms of criminal proceedings. The author has done immense and appreciative work in sifting through the complexity of the Talmud to find the relevant body of law to bring upon Jesus’ trial. It is the third part of the book, the brief that demonstrates the many and massive miscarriages of justice in Jesus’ trial that is the real heart of this book, which exposes the corruption of the Sanhedrin and its total disregard for justice.There are a few minor quibbles that one can find in this book, which include the fact that the author likes to repeat certain quotations which apply in more than one part of his brief against the Sanhedrin (which is a lengthy one considering the many and massive errors that would have been enough to get Jesus Christ released on a technicality in a court that was remotely just), but these are minor matters that do not take away from the massive achievement of this work. Here is a work that forms part of a conversation of works about the trial of Jesus, a subject that has drawn considerable interest even today, and that manages to be an excellent work from the point of view of a historian and a clear prose style that speaks highly as to the author’s credibility as a lawyer in terms of its combination of logical clarity and genuine passion. This is a work worthy of close investigation and immense appreciation for anyone who is fair-minded about its position.

Although over 100 years old, this book remains stirringly relevant. The author's main points about the injustices of Jesus' trial are phenomenal even though the book is generally a bit long-winded. Every Christian lawyer should read this book.

The knowledge that sets the stage for the information and criteria for this book are amazing, thought provoking and well researched. As with any good lawyer, dig deep to find the truth and then assign its proper orientation and you will surely find that the end of the story leaves nothing to guess. A great read.

I liked the book and the research lent much information I did not know about the characters (if you will) who were running the government at that time! We have it bad with our government but at least they are not as crazy as those guys were! Good book.

Good perspective on a terrible misuse of a legal system to railroad an innocent person into dying for a crime he did not commit.

I found the reading very easy to read.

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